If I own 2 homes which I had before we were married, doesmy husband have any legal right to them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own 2 homes which I had before we were married, doesmy husband have any legal right to them?
My husband and I have separated. We also have a 3 year old child.
Asked on September 7, 2011 under Family Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For a definitive answer, you should consult with a family or matrimonial law attorney, who can look into all the specifics of your situation. That said, assets which a spouse acquired prior to marriage will generally remain his or her own assets upon divorce; so as a general matter, your husband would not have a legal right to them, unless, that is, there was some agreement made giving him an interest in or right to the homes. However, if your husband has been paying the mortgage on the homes, that could give him some equitable interest--e.g. to some reimbursement of what he's spent, or to some portion of the sale when they are sold. That--any payments or contributions made by your husband--is something to discuss with your attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.